Pittwater Local Environmental Plan 1993 (NSW)

Part 1Preliminary1Name of plan

This plan may be cited as Pittwater Local Environmental Plan 1993.

2Aims, objectives etc

This plan aims to incorporate the relevant provisions of Warringah Local Environmental Plan 1985 into a local environmental plan for the area of Pittwater.

3Land to which plan applies

This plan applies to all land within the area of Pittwater as shown on the Zoning Map.

(Repealed)

5Interpretation(1)

In this plan:

advertisement means a display by the use of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

aids to navigation means buoys, signs, lights or other structures, located on or in the waterway or on land within the area of Pittwater, which are designed to assist the safe and efficient movement of vessels on the waterway.

appointed day means the day upon which this plan takes effect.

attached dwelling means a dwelling resulting from dual occupancy development attached to another dwelling by a common wall or ceiling where:

(a)
not more than 2 dwellings are erected on the same allotment of land, and
(b)
the habitable floor area of each dwelling shares a common wall, ceiling or floor, and
(c)
the area of the common wall, ceiling or floor is not less than half the area of the wall, ceiling or floor on the respective elevations of each dwelling, and
(d)
the dwellings have the appearance of a single building.

bed and breakfast establishment means a dwelling-house designed to fit into the residential character of the area:

(a)
which is used for the ancillary purpose of providing overnight accommodation for not more than six paying guests, boarders or lodgers at any one time, and
(b)
which is owned by a natural person who lives at the dwelling-house, and
(c)
at which that accommodation is provided on a short-term basis only, up to a maximum of one month for each guest.

business identification sign means an advertisement which, in respect of any place or premises to which it is fixed, contains all or any of the following:

(a)
the identity or a description of the place or premises,
(b)
the identity or a description of any person residing or carrying on an occupation at the place or premises,
(c)
particulars of any occupation carried on at the place or premises,
(d)
such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,
(e)
particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,
(f)
particulars relating to the goods, commodities or services dealt with or provided at the place or premises,
(g)
particulars of any activities held or to be held at the place or premises,
(h)
a reference to an affiliation with a trade, professional or other association relevant to the business conducted on the place or premises.

car repair station means a building or place used for the purpose of the repair of motor vehicles or the fitting of accessories thereto.

county open space means land shown coloured dark green with red edging on the Zoning Map.

detached dwelling means a dwelling resulting from dual occupancy development completely separate from any other dwelling and having no common wall or ceiling or floor with another dwelling.

dredging means removal of material from the bed of a harbour, river, creek, bay or inlet within the area of Pittwater for the purpose of constructing a new or deeper navigational area or channel, but does not include maintenance dredging.

dual occupancy development means development (excluding a secondary dwelling within the meaning of Division 3C of Part 3) that results in 2 dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development), and it makes no difference if dual occupancy development is described in another way in this or any other environmental planning instrument.

dwelling means a room or number of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

educational establishment means a building or area of land used as a school, college, technical college, academy, lecture hall, gallery or museum, whether or not that building is also wholly or partly used for meeting rooms, public entertainment, sport or recreation, child care centres or a cultural or similar use, whether or not for commercial gain, which is, in the opinion of the Council, a use for a community purpose, but does not include a building used wholly or principally as an institution.

external surface, in relation to a building, includes any external wall, wall-cladding, door, door-frame, window-frame, column, roof or fence which is part of, attached to or used in connection with, the building and which is visible from the exterior of the building.

Flat Map means the map marked “Pittwater Local Environmental Plan 1993 Flat Map”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

•
Pittwater Local Environmental Plan 1993 (Amendment No 9)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 17)
•
Pittwater Local Environmental Plan 1993 (Amendment No 48)

floor space ratio, in relation to a site, means the ratio of the gross floor area of any building or buildings on the site to the site area.

foreshore scenic protection area means any land shown on the Zoning Map by blue hatching.

group building means a building consisting of 2 or more dwellings which are commonly known as group houses, villa homes, town houses, semi-detached or terrace buildings and the like, where each of those dwellings is designed, constructed or adapted for use as a separate dwelling.

habitable floor means any floor containing a room or rooms used or adapted for use for residential purposes such as a bedroom, living room, study, dining room, kitchen, bathroom, laundry or toilet, but excluding any floor used solely for the purpose of carparking or storage.

height of a building means the distance measured vertically from any point of the building to the natural ground level directly below that point.

home occupation means an occupation carried on in a dwelling by the permanent residents of the dwelling and which does not involve:

(a)
the registration of the building under the Factories, Shops and Industries Act 1962 or the licensing of the premises under the Dangerous Goods Act 1975,
(b)
the employment of persons other than those residents,
(c)
interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise,
(d)
the display of goods, whether in a window or otherwise, or
(e)
the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name and occupation of the resident), or
(f)
the use of the dwelling (or part of the dwelling) as a bed and breakfast establishment.

maintenance dredging means removal of material from the bed of a harbour, river, creek, bay or inlet within the area of Pittwater for the purpose of maintaining the previously established depth.

mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.

mooring means any apparatus located on or in the waterway capable of securing a vessel and which does not have support facilities on nearby land and includes the site of such an apparatus which is temporarily unoccupied.

natural ground level means the existing level of a site in its undisturbed state before any development is carried out on the site.

prescribed material means any material which:

(a)
is of low reflective quality,
(b)
is dark in colour, and
(c)
blends with the landscape in which it is to be used,

or which is intended to be treated so that it will comply with the requirements of paragraphs (a)–(c).

professional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of, a dwelling-house and used by not more than three legally qualified medical practitioners (who are not specialist medical practitioners recognised by the Specialist Recognition Advisory Committee for New South Wales established under the Health Insurance Act 1973 of the Commonwealth), or by not more than three dentists within the meaning of the Dentists Act 1989, or by not more than three health care professionals, who practice therein the profession of medicine, dentistry or health care respectively and who employ not more than three employees in connection with that practice.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department of under the authority of or in pursuance of any Commonwealth or State Act:

(a)
railway, road transport, water transport, air transport, wharf or river undertakings,
(b)
undertakings for the supply of water, hydraulic power, telecommunication services, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.

real estate sign means an advertisement which, in respect of any place or premises to which it is affixed, contains only a notice that the place or premises is or are for sale or letting (together with particulars of the sale or letting) and:

(a)
in the case of an advertisement in respect of residential or non-urban premises relating to a letting, sale by private treaty or sale by auction:
- (i)
  does not exceed 2 square metres in area, and
- (ii)
  has returns not exceeding 180 millimetres, and
(b)
in the case of an advertisement in respect of commercial or industrial premises, does not exceed 4.5 square metres in area, and
(c)
is not displayed for more than 7 days after the letting or completion of the sale of the premises or place to which the sign relates, and
(d)
is not an illuminated sign of any kind.

recreation area means:

(a)
a children’s playground,
(b)
an area used for sporting activities or sporting facilities, or
(c)
an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
- (i)
  the council, or
- (ii)
  a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.

relevant plan of management, for a particular parcel of land within Zone No 6 (a) or 7 (a), means a plan of management (being a plan prepared and adopted by the council under the Local Government Act 1993 or the Crown Lands Act 1989) for that parcel.

site area means the area of land (excluding any access handle) to which an application for consent to carry out development relates.

site coverage means the part of the site on which buildings are situated (for the purposes of this definition, buildings includes garages, tennis courts, carports, swimming pools, laundries, drying yards, hard surface recreation areas, garbage collection and handling spaces, other appurtenant buildings and paved areas, such as driveways).

telecommunication facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purpose of communication and includes radio masts, transmission towers, satellite dishes and the like.

temporary sign means an advertisement of a temporary nature which:

(a)
announces any local event of a religious, educational, cultural, social or recreational character or relates to any temporary matter in connection with such an event, and
(b)
does not include advertising of a commercial nature (except for the name of an event’s sponsor), and
(c)
is not displayed earlier than 28 days before the day on which the event is to take place and is removed within 7 days after that event.

the council means the Council of Pittwater.

the Dual Occupancy Map means the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 37) Dual Occupancy Map”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

•
Pittwater Local Environmental Plan 1993 (Amendment No 38)—Sheet 3
•
Pittwater Local Environmental Plan 1993 (Amendment No 52)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 67)—Sheet 3
•
Pittwater Local Environmental Plan 1993 (Amendment No 74)—Sheet 3
•
Pittwater Local Environmental Plan 1993 (Amendment No 85)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 88) Interim Matters Map—Sheets 3, 12, 15, 18, 27 and 32

the Zoning Map means the map marked “Pittwater Local Environmental Plan 1993 (Amendment No 37) Zoning Map”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

•
Pittwater Local Environmental Plan 1993 (Amendment No 38)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 43)
•
Pittwater Local Environmental Plan 1993 (Amendment No 46)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 49)—Sheet 1
•
Pittwater Local Environmental Plan 1993 (Amendment No 52)—Sheet 1
•
Pittwater Local Environmental Plan 1993 (Amendment No 53)—Sheet 1
•
Pittwater Local Environmental Plan 1993 (Amendment No 54) Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 55)—Sheet 1
•
Pittwater Local Environmental Plan 1993 (Amendment No 59)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 60)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 62)
•
Pittwater Local Environmental Plan 1993 (Amendment No 65)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 67)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 70)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 71)—Sheet 1
•
Pittwater Local Environmental Plan 1993 (Amendment No 74)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 75)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 76)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 77)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 79)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 80)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 83)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 85)—Sheet 3
•
Pittwater Local Environmental Plan 1993 (Amendment No 86)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 87)—Sheet 2.
•
Pittwater Local Environmental Plan 1993 (Amendment No 88) Interim Matters Map—Sheets 2, 5, 8, 11, 14, 17, 20, 22, 26, 29 and 31
•
Pittwater Local Environmental Plan 1993 (Amendment No 89)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 91)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 93)—Sheet 1
•
Pittwater Local Environmental Plan 1993 (Amendment No 95)—Sheet 2
•
Pittwater Local Environmental Plan 1993 (Amendment No 97)—Sheets 15 and 16

two storey residential flat building means a residential flat building having no more than two habitable floors which may be erected above a level of carparking.

three storey residential flat building means a residential flat building having no more than three habitable floors which may be erected above a level of carparking.

waterway means those parts of the Pittwater waterway below mean high water mark shown coloured blue and edged dark blue on the Zoning Map.

(2)

In this plan, a reference to:

(a)
a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and
(b)
a map is a reference to a map deposited in the office of the council.
(c)
(Repealed)

6Model Provisions(1)

The Environmental Planning and Assessment Model Provisions 1980 (in this clause referred to as the Model Provisions), except:

(a)
the definitions of advertisement, advertising structure, car repair station, dwelling, educational establishment, general store, home occupation, light industry, major road frontage, mineral sand mine, parking space, professional consulting rooms, public utility undertaking, recreation facility, roadside stall, rural worker’s dwelling, site area, tavern, tourist facilities and units for aged persons in clause 4 (1), and
(b)
clauses 5 (5), 8, 12, 15, 16, 17, 18, 23, 24, 26, 27, 28, 30, 31, 32, 33 and 34 and items 1 and 10 of Schedule 1,

are adopted for the purposes of this plan.

(2)

For the purposes of this plan, the Model Provisions shall be deemed to be amended:

(a)
by inserting in clause 5 (1) after the word “within” the words “a foreshore scenic protection area or within”,
(a1)
(Repealed)
(b)
(Repealed)
(c)
by omitting from clause 35 (c) the words “carried on in dwelling-houses”,
(d)
by inserting in Item 2 of Schedule 1 after the word “drainage” the words “, telecommunication services”, and
(e)
by inserting in Item 2 (d) of Schedule 1 after the word “electricity” the words “or to provide telecommunication services”.

7Consent authority

The council is the consent authority for the purposes of this plan.

Part 2General restrictions on development of land8Zones indicated on the Zoning Map

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the Zoning Map in the manner specified below in relation to that zone:

Zones

1Non-urban
Zone No 1 (a) (Non-urban “A”)—coloured light yellow-brown.
Zone No 1 (a1) (Non-urban “A1”)—coloured light yellow-brown with dark yellow edging.
Zone No 1 (b) (Non-urban “B”)—coloured mid brown.
Zone No 1 (c) (Non-urban “C”)—coloured dark brown.
2Residential
Zone No 2 (a) (Residential “A”)—coloured light scarlet.
Zone No 2 (b) (Residential “B”)—coloured dark scarlet with crimson edging.
Zone No 2 (e) (Residential “E”)—coloured dark scarlet.
Zone No 2 (f) (Urban Purposes—Mixed Residential)—coloured light scarlet with dark red edging and lettered 2 (f).
3Business
Zone No 3 (a) (General Business “A”)—coloured light blue.
Zone No 3 (b2) (Service Business “B2”)—coloured light blue with dark blue edging.
Zone No 3 (b3) (Waterfront Business “B3”)—coloured light blue with red edging.
Zone No 3 (c) (Neighbourhood Business “C”)—coloured dark blue.
Zone No 3 (d) (Automotive Business “D”)—coloured dark blue with dark blue edging.
Zone No 3 (e) (Office Business “E”)—coloured dark blue with red edging.
4Industrial
Zone No 4 (b) (Light Industrial “B”)—coloured light purple.
Zone No 4 (b1) (Light Industrial “B1” (Mona Vale))—coloured dark purple.
5Special Uses
Zone No 5 (a) (Special Uses “A”)—coloured light yellow.
6Open Space
Zone No 6 (a) (Existing Recreation “A”)—coloured mid green.
Zone No 6 (a1) (Waterways Recreation)—coloured light blue with dark blue edging and lettered 6 (a1).
Zone No 6 (b) (Private Recreation “B”)—coloured mid blue-green.

Zone No 6 (c) (Proposed Recreation)—coloured mid green with dark green edging.
Zone No 6 (d) (National Park and State Recreation Area)—coloured light yellow-green.
7Environment Protection
Zone No 7 (a) (Environment Protection “A”)—coloured orange.
Zone No 7 (a1) (Environment Protection—Waterways)—coloured light blue with dark blue edging and lettered 7 (a1).
9Reservations
Zone No 9 (a) (Reservation—Open Space)—coloured dark green.
Zone No 9 (b) (Reservation—County Open Space)—coloured dark green with red edging.
Zone No 9 (c) (Local Road Reservation)—coloured grey between broken black lines.
Zone No 9 (d) (Arterial Road Reservation)—diagonal red hatching.
10Waterways
Zone No W2 (Residential Waterways)—coloured light blue with dark blue edging and lettered W2.
Zone No W3 (Recreational Boating Facilities)—coloured light blue with dark blue edging and lettered W3.
Zone No W4 (Business Boating Facilities)—coloured light blue with dark blue edging and lettered W4.

9Development control table

Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:

(a)
development may be carried out without development consent,
(b)
development may be carried out only with development consent, and
(c)
development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

Zone No 1 (a) (Non-urban “A”)1Without development consent

Agriculture (other than pig-keeping or poultry farming); forestry.